Special Education/School board and iep

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Question
In ny state do you have to sign an iep?
What if you never consented to it for a year but didn't file due process?
Is there another avenue
What if a parent can't afford due process without going into debt but doesn't want to consent to iep
Lastly if school board won't allow sibling of special needs child to attend same school
(There's plenty of space) in district but not same zone is there somewhere in state we can complain to
That this is arbitrary and capricious? Thanks in advance

Answer
BJ,

It is federal law that an IEP can not be implemented until the parent signs agreeing to it. Schools can file for Due Process against the parents if the IEP is not signed. Most parents don't realize they have "line-it-veto" capability on their child's IEP. This means you can sign the IEP only for those items that you agree to and specifically exclude those you don't agree to.

If you don't consent to the new IEP (or portions of it), the previous IEP (or non-agreed to change  portions of it) stays in force under the legal concept of "stay-put".

Most school districts have policies for various things such as siblings attending the same school. Look to see what your district has. If there is no policy or if you disagree with their policy, you can complain to the New York State Dept. of Education about this. Just make sure the district does not have a valid reason for not having all the children attend the same school (maybe this school can't accommodate the needs of the other children). There also can be the issue of transportation: the district has to provide it for the child with the IEP, but does not have to provide it to siblings that can attend their home school.

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Tim Runner

Expertise

Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.

Experience

I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

Education/Credentials
I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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